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April 19, 2014

EEOC Charges Escalate, Again

The EEOC recently announced that a record 99,947 employment discrimination charges were filed in Fiscal Year 2011. The EEOC’s data also shows:

  • Through enforcement, mediation, and litigation programs, the agency obtained a record $455.6 million in relief for private sector, state, and local employees and applicants - a $45 million increase over last year.
  • The mediation program reached record levels, both in the number of resolutions (9,831 - 5% up from last year) and benefits ($170,053,021 - up $29 million from last year).
  • For the second year in a row, despite a record number of receipts, the Commission resolved more charges than it received with 112,499 resolutions (up 7,500 more from last year) - leaving 78,136 pending charges, a 10% decrease in its inventory. This was the first time in almost a decade the agency has seen a reduction.
  • The EEOC filed 300 lawsuits, obtaining $91 million of relief, representing the third consecutive year of increased relief.
  • Retaliation charges under all the statutes enforced by the EEOC were the most numerous — at 37.4% of all charges. Race discrimination charges were a close second at 35.4%. The three next most frequently-cited allegations were charges of sex discrimination - 28,534; disability discrimination - 25,742; and age discrimination - 23,465.
  • The highest increase in monetary relief came from the EEOC’s efforts to enforce the ADA; the administrative relief obtained for disability bias charges increased by almost 36% to $103.4 million, compared to $76.1 million last year. Back impairments were the most oft-cited ADA impairment, followed by other orthopedic impairments, depression and diabetes.

The EEOC’s full report on its litigation and enforcement statistics can be found at here.

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About the Author

Shareholder

Heather B. Brock represents management in all types of federal and state employment litigation and before administrative agencies involving discrimination law, employment contracts, employee benefits (ERISA), union/management matters, minimum and overtime wage issues, OSHA matters, and general personnel matters. She also counsels management in preventive measures, liability avoidance, and compliance with federal, state, and local employment laws.

954-703-3930

About the Author

Associate

Nicholas Banegas concentrates his practice on complex commercial litigation with an emphasis on commercial, immigration and labor and employment matters.  He has experience as a civil litigator in cases involving various labor, commercial and investment disputes including representing investors with claims in excess of US $100 million in the largest financial fraud case in Florida history. 

954-703-3927

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